On April 25, 2019, a U.S. District Court for the District of Columbia ruled that employers who are required to file EEO-1 reports must submit Component 2 pay data for calendar years 2017 and 2018 by September 30, 2019. (This generally applies to EEO-1 filers with 100 or more employees; both in the private industry and federal contractors and subcontractors.) You may recall that the OMB initially approved pay data collection, and then stayed its permission, in 2017. Advocacy groups filed suit in the D.C. Circuit court to vacate the OMB’s self-imposed stay, which the Court granted in April. Continue reading “Employers Should Prepare to Submit Their Component 2 Pay Data By September 30, 2019”
For those of you with employees in Dallas, Texas, this bit of news is for you. Last month Dallas passed an ordinance requiring private employers with employees who perform at least 80 hours of work in a year in Dallas to provide paid sick leave to their workers. The new ordinance goes into effect August 1, 2019, for employers with more than five employees. The ordinance will impact employers of five or fewer employees on August 1, 2021. Dallas joins Austin and San Antonio in implementing paid sick leave ordinances in Texas. Continue reading “Dallas Follows Austin and San Antonio and Implements a Paid Sick Leave Ordinance”
You may recall from our prior updates that the Occupational Safety and Health Administration (OSHA) has been concerned with the prevalence of injuries suffered by healthcare and social service employees due to work-related violence for some time. Lacking a specific standard applicable to this risk, OSHA has usually relied on the General Duty Clause to address this issue. However, in 2015 OSHA issued an updated voluntary guideline for violence prevention in healthcare and social services (https://www.shrm.org/ResourcesAndTools/hr-topics/risk-management/Documents/osha3148.pdf) and in 2016 OSHA proposed a specific Standard covering violence in the healthcare and social service sectors. Unfortunately, the proposed Standard has languished and there has been little progress in moving it towards completion in the past three years. Continue reading “U.S. House of Representatives Urges OSHA to Create a Standard Regarding Workplace Violence in the Healthcare Industry”
Summer is upon us. The time of year that many of us are pressured to take on an employee’s son, daughter, niece or nephew “just for the experience” of working in the real world. What could go wrong? The kid gets some experience and you get some free labor. A win-win, right? You might want to slow down.
Many businesses run afoul of federal law by failing to pay minimum wage and overtime pay to unpaid interns whom the law considers to actually be employees. Federal courts have historically used the “primary beneficiary test” to determine whether an unpaid Summer worker was an employee under the Fair Labor Standards Act (FLSA). Under this test, courts examine the economic realities of the worker-employer relationship to determine which party is the primary beneficiary of the relationship. If the unpaid worker is not the primary beneficiary, they should probably be classified as an employee. Continue reading “Be Careful if You Want to Use Unpaid Interns this Summer”
Almost a year ago the U.S. Supreme Court affirmed the enforceability of class action waivers in arbitration agreements between employers and employees (see Epic Systems Corp. v. Lewis https://www.scotusblog.com/case-files/cases/epic-systems-corp-v-lewis). Last week the Court issued an opinion that further solidified the enforceability of class action waivers in the employment context. Continue reading “U.S. Supreme Court Ruling on Arbitration Agreements Is a Win for Employers”
As with most questions arising under the ADA, the answer is a firm “it depends on the facts.” Under the facts of a Sixth Circuit case decided on March 20th, the answer was “no.”
In this case the Plaintiff, Ms. Tinsley, worked as a Business Analyst for Caterpillar Financial. She thought that the stress of her job was causing her to suffer health issues. She initially requested, in writing, that she be removed from specific projects, stating that her “many [work] responsibilities … [were] causing [her] to be stressed beyond what [she was] physically able to handle,” which “negatively impact[ed her] work, sleep, and overall health.” Her supervisor met with her and said that he would look into her request. A week later Tinsley submitted a doctor’s note requesting four days off for a “confidential medical condition.” (Sounds like time to give her FMLA form WH-300-EHealth Care Provider Certificate to me.) Caterpillar granted her leave and upon her return to work the company met with her and reassigned some of her work to other employees.
Hopefully, you will recall my prior update regarding an employer’s obligation under the Fair Credit Reporting Act to provide an applicant with a copy of the consumer report and a summary of their rights before taking adverse action. (Refer to “The Fair Credit Reporting Act is Tricky” of 12/5/2018). Well, a recent case shows that the FCRA is not only tricky, but it can also be incredibly expensive. Continue reading “The Fair Credit Reporting Act: We’re Not Done Yet”